Majority Says EBITDA Valuations Buttress Damages Award

BVLaw
Court Case Digests
June 7, 2017

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3241 Cement, Hydraulic
327310 Cement Manufacturing
economic damages & lost profits
trade secret, expert testimony, admissibility, economic damages & lost profits, reliability, interference, projections, asset sale, earnings before interest, taxes, depreciation, amortization (EBITDA), reasonable certainty, lost business value
Pike v. Tex. EMC Mgmt., LLC
2017 Tex. App. LEXIS 5217
US
State Court
Texas
Court of Appeals
Lygren [first name unknown], Paula Miller (plaintiffs); Todd Burchett (defendants)
Scoggins

Summary

In business tort case involving unprofitable entity trying to market a trade secret, court upholds damages award; experts’ EBITDA valuations were based on commonly used method and numerous data sources, and experts linked data to conclusions, court says.

See Also

Pike v. Tex. EMC Mgmt., LLC

Full Text of Court Cases
June 7, 2017

In business tort case involving unprofitable entity trying to market a trade secret, court upholds damages award; experts’ EBITDA valuations were based on commonly used method and numerous data sources, and experts linked data to conclusions, court says.